NY · jury_instructions
CJI2d[NY] Penal Law § 263.10
PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD
“Promoting an obscene sexual performance” by a child and “promoting a sexual performance by a child” differ only in that the former prohibits an “obscene sexual performance”[Penal Law § 263.10] while the later prohibits a “sexual performance” [Penal Law § 263.15].
Because every “obscene sexual performance” encompasses a “sexual performance,” and because the penalties for the commission of the crimes relating to those terms are the same, it appears unnecessary to have included the crimes relating to an “obscene sexual performance.”
In any event, if a charge for this crime is necessary, the charge for “promoting a sexual performance by child” [Penal Law § 263.15] may be used, with the definition of “obscene sexual performance” being substituted for the definition of “sexual performance.”
History
Caption: PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD Penal Law § 263.10 (Committed on or after February 1, 2001). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
972ec9f7273905cbc02b5f0648484b677e4506cb94bfeb687b899a0f343ca19d
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